The purpose of this chapter is to establish procedures for the approval of boundary line adjustments in order to ensure that such divisions of land are accomplished in an orderly manner, with proper records established, and in compliance with applicable laws. (Ord. 1211 § 2 (part), 2007).

This chapter is adopted pursuant to the authority of RCW 35A.63.100, Chapter 58.17 RCW, and laws of the state of Washington. (Ord. 1211 § 2 (part), 2007).

An applicant for a boundary line adjustment shall submit an application including the following:
A. A map to scale of not less than one inch equal to one hundred feet which depicts the existing property configuration, including all lot line dimensions, lot sizes and showing the location of water and sewer connections and street access;
B. A map which depicts the proposed property configuration, including all lot line dimensions, and showing the location of water and sewer connections, street access, and existing buildings;
C. That map shall show property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line;
D. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor;
E. Complete application form and payment of review fee; and
F. Affidavit of ownership for all parties involved.
(Ord. 1211 § 2 (part), 2007).

A boundary line adjustment is approved or denied administratively after review by the director of public works, building official, and city planner. Once a completed application has been submitted to the city and the fees paid, the city shall approve, deny or request additional information from the applicant within thirty days and shall notify the applicant in writing. (Ord. 1211 § 2 (part), 2007).

A boundary line adjustment shall be approved if it is determined that:
A. No additional lot, tract, parcel, site or division will be created by the proposed adjustment;
B. Except as provided in subsection F below, the proposed adjustment would not create a lot which contains insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated per Title 17 KMC;
C. Except as provided in subsection F, the proposed adjustment would not cause an existing structure to fail to comply with required setbacks;
D. No lot is created or modified which does not have adequate access to or means to obtain drainage/stormwater control, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose;
E. The lots involved in the adjustments are contiguous legally created lots; and
F. For adjustments among two or more lots in which one or more of the lots involved in the adjustment is smaller than the current zoning classification, the adjustment would allow a lot to more nearly conform to the lot size of setback requirements of Title 17 KMC or create more feasible building lot configurations. For example, a smaller lot may be made larger by reducing the size of a larger lot so that, on balance, greater conformity is achieved. The degree of nonconformance on existing nonconforming lots with respect to zoning dimension and area standards and zoning setbacks may not be increased. (Ord. 1211 § 2 (part), 2007).

If the proposed boundary line adjustment is approved:
A. The applicant shall cause a survey map to be prepared and recorded with the Cowlitz County auditor’s office on reproducible mylar material at least eighteen inches by twenty-two inches. At a minimum, the mylar shall contain the following information:
1. A north point, graphic scale and small vicinity map;
2. Old property lines and dimensions as dashed or broken lines, new property lines and dimensions as solid lines;
3. All property lines shall be fully dimensioned, with the area calculations for each lot noted on the face of the plat;
4. Correct street names and current zoning designation;
5. Names of all affected property owners, and addresses of affected parcels. If a parcel is vacant, an address will be assigned by the city;
6. Building locations, building setbacks (distance from existing structures to nearest property lines), location of easements, utility connection points and public and private streets;
7. Identification of all lots involved as lot 1, lot 2, etc.;
8. Signature blocks for all property owners; and
9. Signature block for the public works director and city planner.
B. Legal descriptions shall be prepared for each lot after the boundary has been relocated, and the legal description for each lot shall be placed on the face of the survey map.
C. Any previous short plat or boundary line adjustments shall be noted on the survey map in the title block or plat notes.
D. The survey map shall contain a surveyor’s certificate consistent with RCW 58.09.080 and all other certificates and other information required by Chapter 58.09 RCW.
E. On the face of the survey map, the language of any and all covenants, deed restrictions, or other property use limitations on the property shall be set forth, together with the volume and page where such language is recorded.
F. A copy of the recorded survey shall be provided to the city.
G. The recording of a lot line adjustment does not constitute a transfer of title. The owners of the parcels affected by a boundary line adjustment must complete and record a deed of conveyance. A lot line adjustment does not become effective until it and the appropriate deeds are recorded with Cowlitz County. Copies of all recorded documents shall be forwarded to the city. (Ord. 1211 § 2 (part), 2007).

The boundary line adjustment application shall expire if it has not been recorded within two years from the date of approval. Upon written request from the applicant prior to the expiration date, the administrator is authorized to grant one extension, not to exceed one year. (Ord. 1211 § 2 (part), 2007).

Any person aggrieved by a decision of the city under this chapter, may appeal the decision to the city council in the manner described in KMC Section 17.12.050. (Ord. 1211 § 2 (part), 2007).